Planning permissions are often granted subject to conditions. These conditions govern how development is carried out, seek to manage impacts and ensure compliance with policy. Within this broad category, there is an important legal and practical distinction between ordinary planning conditions and those known as conditions precedent. This distinction affects when development may lawfully start and can have real implications for project timing, risk and enforceability.

What is a planning condition?

A planning condition is an obligation attached to a grant of planning permission. Its purpose is to make a development acceptable in planning terms where, without the condition, it would otherwise be unacceptable or uncertain. Conditions can control matters such as materials, design, access, landscaping, timescales, hours of operation, noise mitigation and many other aspects of development.

Conditions must satisfy established legal tests: they must be necessary, relevant to planning, relevant to the development permitted, enforceable, precise and reasonable in all other respects. Conditions that do not meet these tests can be challenged and may be held to be unlawful.

The role of timing

Most planning conditions impose requirements that are triggered at specific points in the development process. Some conditions must be complied with before development starts; others require action before occupation or use; and some operate continuously once the development has begun or been completed.

This is where the distinction between ordinary conditions and conditions precedent becomes significant.

What is a condition precedent?

A condition precedent is a condition which must be satisfied before a particular event can lawfully occur, most commonly before any development commences. In planning terms, a condition precedent is one where compliance before commencement is essential because the subject matter of the condition directly affects whether development can lawfully start.

For example, a condition requiring the prior approval of a construction environmental management plan (CEMP), noise mitigation proposals, schedules of materials, or a drainage strategy is often intended to be discharged before work begins. If the permission includes wording that development "shall not begin until..." those details have been agreed, it is operating as a condition precedent.

In contrast, many conditions that regulate the way development is implemented (for example hours of operation, landscaping implementation after a building is constructed) do not prevent commencement but control later phases or ongoing performance.

Why the distinction matters in practice

The distinction is more than academic. It affects when lawful development begins and can have real consequences for programme, contract obligations and risk.

  1. Lawful commencement
    If a condition precedent exists, its requirement must be discharged before any development activity that counts as a commencement. Starting work without satisfying a condition precedent can render the permission unlawful, exposing the promoter to enforcement action and jeopardising reliance on the permission.
  2. Risk and programming
    Developers and promoters need clarity on the sequence of compliance. Where a condition precedent applies, it needs to be factored into the project programme, often requiring early technical input, consultation and liaison with the local planning authority.
  3. Enforcement and uncertainty
    Disputes can arise if the wording of a condition is ambiguous as to whether it is a condition precedent or an ordinary condition. In practice, the precise drafting of the condition determines its effect. Words such as "before any development hereby permitted is commenced..." signal a condition precedent, whereas wording that simply requires compliance at a later stage may not have the same effect.
  4. Integration with obligations
    In some cases, conditions operate in concert with planning obligations or legal agreements (for example section 106 agreements). Care is needed to ensure that triggers are clear, do not conflict, and are capable of practical implementation without unintended consequences.

Practical approach to conditions precedent

Understanding whether a condition is intended to be a condition precedent requires careful reading of its wording and context. Practitioners often follow a simple test:

  • If the condition's purpose is to make the permission acceptable only if a specific requirement is satisfied before commencement, it is a condition precedent.
  • If the requirement relates to how works or use should proceed after a lawful start, it is likely an ordinary condition.

Agreeing pre-commencement details early, ensuring technical submissions are proportionate, and engaging with the decision-maker on interpretation can reduce risk and help integrate compliance into project planning.

Summary

Conditions are commonplace in planning permissions, but the distinction between ordinary conditions and conditions precedent is critical because it affects when development may lawfully begin. Recognising which conditions bite before commencement, and programming compliance accordingly, helps manage legal risk and supports efficient implementation of planning permissions.

Disclaimer
This article is provided for general information only and does not constitute planning advice. Planning matters are site-specific and subject to change. Professional advice should be sought before taking action in relation to any particular site or proposal.